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(영문) 인천지방법원 2016.07.19 2015가단213765
이자대납금반환등
Text

1. The Defendant’s KRW 32,554,833 as well as its annual 6% from June 25, 2014 to July 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company in charge of the management-type land trust agreement concluded with the Plaintiff on September 30, 2009 (Article 8(4)(e)) under the management-type land trust agreement entered into between the Plaintiff and the Plaintiff as a contractor of the above apartment (hereinafter “Sco Construction”) and the company in charge of the management of the above apartment sale contract and the buyer.

B. On January 20, 2010, the Plaintiff and Bosco Construction concluded a sales contract (hereinafter “instant sales contract”) with respect to Nonparty C’s apartment 2802 Dong 4803 (hereinafter “instant apartment”). On December 21, 2011, the Defendant succeeded to the rights and obligations of the C regarding the instant sales contract by means of the resale of the above sales right.

B The scheduled date of occupancy of the Plaintiff “A”, “B”, “B”, “C”, and “Isco construction”: (The scheduled date of occupancy and the period of designation of occupancy and use may be altered by the process, etc.) April 2013, Article 1 (Supply Price and Payment Method) (The Party A subsequently designated and individually notified) of the total supply amount of KRW 615,50,000 (10%) intermediate payment (60%) (30%) 2 (5%) 5%) 3 (10%) 5th (10%) 5th (10%) 5th (10%) 5th (10%) 6th (10%) 10%) 5th (10%) 6th (10%) 10%) 10th 205th 15th 2015, 2015. 10. 16th 205th 205th 2015, 216. 2015. 16th 206th 105. 205th 2. 105th 105.

(3) In cases where a financial institution requests performance on behalf of a party A due to the failure to arrange a loan under the business agreement of the financial institution and to pay interest rate thereto, etc. on behalf of the party A, it shall be 14 days if the party A claims performance on behalf of the party A.

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